Royston v. Griffin

Citations

• 42 Tex. 566

Syllabus

<p>1. Vacancy—Appointment. The Act of July 23, 1870, organizing the Criminal District Court of Galveston and Harris counties (Paschal’s Digest, 6143), providing that “there shall be appointed by the Governor a clerk “ of said court for each of said counties, who shall be removable by the “ judge at any time, for misconduct, misfeasance or malfeasance in “ officeand in case of death, resignation, or otherwise, by which said “ office shall become vacant, the Governor shall appoint a clerk to fill “ the vacancy,” etc., construed with the constitutional limitation that “ The duration of an office not fixed by the Constitution shall never “ exceed four years,” is held to provide that said office should be filled by appointment by the governor at intervals of four years from the date of the appointment of the first incumbent; and an appointment to a vacancy would be limited to the unexpired term remaining.</p> <p>2. Same. At the organization of the Criminal Court, Douglas was appointed, 17tli August, 1870, and after several intermediate appointments, Griffin was appointed, January 1, 1872. Held, that at Eoyston’s appointment to same office, lOtli September, 1874, the office was vacant, the term for which Griffin had been appointed being expired.</p>